Section 2172 - Information to be submitted with legislation proposing secessionA territory that seeks to have legislation submitted on its behalf proposing its secession from a municipality shall provide the Legislature with the following information, which the Legislature may use in making a determination on a proposal for secession: [1997, c. 699, §3(AMD).]
1.Report on attempts to resolve differences. A report on attempts by the secession territory to resolve concerns that have caused the desire to secede from the municipality. If a neutral 3rd party was involved in the attempt to resolve concerns through alternative dispute resolution methods such as mediation, facilitation or arbitration, the territory must also submit a report from the neutral 3rd party; [1999, c. 381, §3(AMD).]
2.Effective date. The date on which a proposed secession is effective; [1995, c. 377, §2(NEW).]
3.Provision of educational services. Plans for the provision of educational services, including school transportation services for all students in the proposed secession territory; [1995, c. 377, §2(NEW).]
4.Distribution of tangible assets and liabilities. Plans regarding the distribution of assets and liabilities; [1995, c. 377, §2(NEW).]
5.Information about municipality. The following information concerning the municipality and the proposed secession territory:A. Present population, past population change and projected population for the secession territory; [1995, c. 377, §2(NEW).]B. Quantity of land within the secession territory proposed for incorporation; the natural terrain of the secession territory, including general topography, major watersheds, soil conditions; and such natural features as rivers and lakes; [1995, c. 377, §2(NEW).]C. Present pattern of physical development in the secession territory, including residential, industrial, commercial, agricultural and institutional land uses; and the present transportation network and potential transportation issues, including proposed highway development; [1995, c. 377, §2(NEW).]D. Land use controls and planning presently being utilized in the secession territory, including comprehensive plans for development in the secession territory; [1995, c. 377, §2(NEW).]E. Present governmental services being provided to the secession territory, including water and sewer service, fire protection, police protection, street improvements and maintenance, administrative services and recreational facilities; [1995, c. 377, §2(NEW).]F. Existing or potential problems of environmental pollution and the need for additional services to resolve these problems; [1995, c. 377, §2(NEW).]G. Fiscal data of the secession territory, including the net tax capacity of the proposed secession territory and the impact on the municipality from which the territory proposes to secede; the present bonded indebtedness; and the local tax rates of the county, school district and municipality; [1995, c. 377, §2(NEW).]H. Effect of the proposed incorporation on communities adjacent to the secession territory and on school districts within and adjacent to the secession territory; and [1995, c. 377, §2(NEW).]I. Ability of municipal government to deliver services to the secession territory; and [1995, c. 377, §2(NEW).] [1995, c. 377, §2(NEW).]
6.Community support. The extent to which the proposed secession territory and the affected municipality or municipalities have demonstrated support or opposition for a proposal for secession, including the use of petitions, votes or other methods of indicating support or opposition. [1995, c. 377, §2(NEW).]
1995, c. 377, § 2 (NEW) . 1997, c. 699, §§2-4 (AMD) . 1999, c. 381, § 3 (AMD) .